Suspension and Dismissal Appeals for College Students: Protecting Your Academic and Professional Future
Many college students and their families learn too late about the damage a suspension or dismissal can have on their future. A negative disciplinary finding, especially one of this magnitude, can put an end to career dreams. The damage to reputation often haunts individuals long after student days are over, decreasing self-esteem and even interfering with social interactions. Being dismissed or suspended from college can put a student at the bottom of a deep pit from which it is very difficult to climb out.
That’s why it is so important to understand how to appeal these negative consequences when a school determines that a student “deserves” this type of punishment. At Burke Brown Attorneys, PLLC, we have been successfully defending students in disciplinary actions and appeals for decades, and we know that in many cases, schools impose these severe types of penalties in response to pressures that have nothing to do with the student. An experienced education defense attorney with the right knowledge can successfully argue that the penalty is too drastic for the situation or that the student should not be held responsible for a violation at all.
Common Concerns College Students Face
Every student’s situation is unique, so the strategic approach that will work best for appealing a suspension or dismissal must be customized for every case. However, certain concerns tend to be universal with students at the post-secondary level.
How Will Suspension or Dismissal Affect Academic Progress and Graduation Timelines?
Every college and university establishes rules for disciplinary matters, including procedures for investigating and adjudicating cases and the consequences to be imposed when a student is found responsible for violating a school rule. So, an attorney can look through the policies to determine whether they adequately address timeline issues. It may be necessary to schedule a meeting with academic advisors, department heads, and school administrators to determine the effect on a student’s academic future.
If a student is expelled rather than dismissed, then the separation from the college is considered permanent. Unless the expulsion is successfully appealed, a student’s academic career at that institution is at an end.
Will this incident impact Graduate School or Career Opportunities?
The short answer to this question is usually “yes,” unless the student is able to succeed in appealing the disciplinary action. Many graduate programs are extremely competitive, and having a serious disciplinary consequence on an applicant’s record puts them at a severe disadvantage.
Can Disciplinary Actions Be Cleared from Academic Records?
This is another area where each college and university is free to set their own policies. Courts have often held that students agree to accept these policies when they enroll at the school, so it can be difficult to argue that a school’s policy denies student’s rights, but it may be possible to succeed with this argument in certain situations.
It is generally more effective to fight the imposition of the disciplinary action in the first place, including appealing an initial finding, than to try to get a student’s record expunged later.
What Steps Can Students Take to Appeal Effectively?
An effective appeal strategy takes considerable thought, effort, and knowledge, which is why the most effective step a student can take is to consult an experienced education defense attorney for guidance and assistance. The procedures for appealing and the evidence that can be introduced to support the student will often vary according to school policies and procedures.
One of the most critical aspects of responding to student discipline matters is timeliness. Colleges and universities often specify the exact number of days a student has to reply to an email or formal notice regarding an alleged violation of the student conduct code. Missing these deadlines frequently results in the loss of important rights, such as the ability to appeal.
While it is understandable that students may feel fearful and overwhelmed upon receiving notice of a disciplinary concern or action, failing to act promptly can — and often does — eliminate the opportunity to contest the allegations. Addressing the matter within the required timeframe is essential to preserving the student’s ability to defend themselves.
Overview of College Disciplinary Processes in Washington State
Colleges have numerous options for discipline, so a suspension or dismissal can often be successfully appealed with the right arguments.
Differences from K-12 Discipline
Students in grade K-12 have a right to education in the state of Washington. Procedures are established to protect that right and enable students to continue with their education even when they have made numerous mistakes.
Educational rights are not the same once a student moves on to post-secondary education at a college or university. Lawmakers are not concerned with requiring administrators to give students additional chances. While a student’s rights may be protected in certain disciplinary proceedings, such as those involving alleged violations of Title IX, students are less likely to find lenient outcomes at the college level unless they engage in vigorous defense.
Common Types of Disciplinary Actions in Colleges
Disciplinary actions imposed by colleges and universities start off seemingly mild and increase in severity. However, any disciplinary action that remains on a student’s records has the potential to interfere with future opportunities. Common disciplinary measures include:
- Loss of privileges – ie. failure to participate in clubs and activities, loss of financial aid, etc.
- Written reprimand which remains in the student’s file
- Probation -a status where a student is warned that they are in poor standing with the institution and at risk of severe consequences upon further conduct code violations or other specified acts
- Suspension -the student is removed from all or part of the institution for a set period of time
- Dismissal -the student is removed from the institution indefinitely but may have the chance to reapply for admission after a period of time or the completion of certain requirements
Steps Students Should Take When Facing College Discipline
When a college or university student is accused of academic misconduct or another alleged violation of the student conduct code, the process typically begins with a request to meet with school administrators. At this critical stage, it is essential to seek the guidance of an experienced education attorney before participating in any meeting.
An attorney with expertise in student defense can analyze the allegations, evaluate the institution’s policies and procedures, and help the student prepare for the best possible outcome. Without counsel, a student may inadvertently make statements or take actions during the meeting that could have lasting negative consequences.
In circumstances where there is also a concurrent law enforcement investigation, consulting with an attorney prior to engaging with school officials is especially important. Information provided to the school—including statements and evidence—may later be used in a criminal proceeding. Retaining an experienced education defense attorney who also possesses criminal defense expertise, such as the attorneys at Burke Brown Attorneys, provides comprehensive protection in both the academic and criminal arenas.
Effective Strategies for Appealing College Disciplinary Decisions
As noted above, a strategy for successfully appealing a dismissal or suspension needs to be designed from the ground up with the particular student’s situation in mind. At Burke Brown Attorneys, PLLC, we have extensive experience navigating disciplinary proceedings at several public institutions like the University of Washington, including UW Bothell and UW Tacoma, several private institutions such as Seattle University, Seattle Pacific University, and Northwest University, and several state-wide community colleges, so we know what to expect and how to take advantage of the best opportunities to appeal outcomes effectively.
We can help a student present compelling evidence and personal testimony to defend their actions and articulate why the disciplinary action is disproportionate to any rule violation. We also know how to leverage disciplinary rules and procedures effectively to a student’s advantage.
You’re Not Alone: Learn How Burke Brown Attorneys Supports the Future of College Students
Burke Brown Attorneys, PLLC, is committed to supporting students and their families emotionally as well as academically during difficult disciplinary proceedings. We work effectively through strategic plans that focus on minimizing long-term academic and career impacts.
For a confidential consultation to learn about the guidance and advocacy we may be able to provide to help you appeal a dismissal, suspension, or other consequences in college disciplinary proceedings, call us at 206-933-2414,contact us through our website, or email us at casemanager@burkebrown.com.
